ZAŠTITA SVEDOKA U KRIVIČNIM POSTUPCIMA I PRIMENA TEHNOLOGIJE

Abstract

The issue of the application of technology in criminal proceedings became topical in Serbia with the beginning of the Covid 19 pandemic. Although the existing legislation foresees this possibility, the wider application of technology in criminal proceedings has not been noticed. Observing the practice of the courts, the technology is used in Serbia only in criminal proceedings before special departments for the suppression of organized crime and war crimes, but it is rarely encountered in regular criminal proceedings. On the other hand, the theory is unique about the importance of the application of technology, especially in the protection of witnesses and victims in court proceedings. Also, numerous international legal acts that contain provisions on the protection of witnesses in court proceedings recognize the importance of using technology to avoid numerous negative consequences of court proceedings and to avoid secondary victimization. However, despite numerous recommendations for this type of examination, it was noticed that it is not used in a large percentage in Serbia and certainly not in all cases where it is necessary or useful. The aim of the paper is to analyze the legal norms related to the protection of witnesses in criminal proceedings with a special emphasis on those that foresee or enable the application of technology for adequate protection on the international level and in Serbia, the extent of the application of technology in practice, the reasons for insufficient application and recommendations for the wider application.